Armstrong v. Pratt
Wisconsin Supreme Court
APPEAL IN EQUITY FROM SAUK CIRCUIT COURT. The appellees in this cause filed a bill in the Circuit Court of Sauk county, to foreclose a mortgage executed by Philarmon Pratt, one of the appellants, which mortgage was executed and delivered to one Greorge W. Brown, since deceased, and was given to secure the payment of seven promissory notes, amounting in the aggregate to the sum of $4,700 and interest.
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APPEAL IN EQUITY FROM SAUK CIRCUIT COURT. The appellees in this cause filed a bill in the Circuit Court of Sauk county, to foreclose a mortgage executed by Philarmon Pratt, one of the appellants, which mortgage was executed and delivered to one Greorge W. Brown, since deceased, and was given to secure the payment of seven promissory notes, amounting in the aggregate to the sum of $4,700 and interest. The mortgage was dated the 24th of November, 1847, and the whole sum, by the terms of the notes and mortgage, was to be paid in five years from date. The bill sets forth the notes and mortgage in…
1Opinion of the Court
By the Court,
Smith, J.
The objections to the decree of the court below are — 1st, Because Chauncey Brown, Jr., (in whose favor a decree is made) is not a complainant, and is not a party defendant. No process being prayed against him, he could not be a defendant, save on application and leave of court. This objection is founded upon a mistake. On inspection of the record, it appears that the defendant, Chauncey Brown, Jr., was regularly made a party defendant to the bill, and process prayed against him, and he appeared and answered.
We are unable to perceive the force of the argument, that as…
2Cases cited1 opinion
- Barber's Administrators v. HopewellCourt of Appeals of Kentucky · 1858
3Cited by6 opinions
- Geisse v. BeallWisconsin Supreme Court · 1854
- Oatman v. Batavian BankWisconsin Supreme Court · 1890
- Lenhard v. LenhardWisconsin Supreme Court · 1883
- Rowley v. WilliamsWisconsin Supreme Court · 1856
- Bandy v. FIRST STATE BANK, OVERTON, TEX.Texas Supreme Court · 1992
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